Park v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the fourth judicial department, entered March 5, 1895, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. . The negligence of the plaintiff and his fireman alone caused the accident.
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Appeal from a judgment of the late General Term of the Supreme Court in the fourth judicial department, entered March 5, 1895, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. . The negligence of the plaintiff and his fireman alone caused the accident. (Sutherland v. T. & B. R. R. Co., 35 N. Y. S. R. 853; 125 N. Y. 737 ; Platz v. City of Cohoes, 89 N. Y. 222; Fisher v. Vil. of Cambridge, 133 N. Y. 532; La Croy v. N. Y., L. E. & W. R. R. Co.,…
1Opinion of the CourtHaight, J.
This action, was brought by the plaintiff, who was an engineer in the employ of the defendant, to recover for injuries sustained by reason of the collision with a freight train, caused by the negligence of one Brown, a brakeman in the employ of the defendant.
The freight train on the evening of Hovember 21, 1891, had been switched from its regular track to the east-bound passenger track near Canastota, and had proceeded eastward a little over a mile from that station when it became stalled and the train broke in two, leaving the rear portion of the train stationary at a point about eight…
2Cases cited4 opinions
- Baulec v. . New York Harlem R.R. Co.New York Court of Appeals · 1874
- Davis v. Detroit & Milwaukee Rail RoadMichigan Supreme Court · 1870
- Monahan v. City of WorcesterMassachusetts Supreme Judicial Court · 1890
- Marrinan v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by5 opinions
- Kenneth R. v. Roman Catholic DioceseAppellate Division of the Supreme Court of the State of New York · 1997
- Leone v. DoranMassachusetts Supreme Judicial Court · 1973
- Judith M. v. Sisters of Charity HospitalAppellate Division of the Supreme Court of the State of New York · 1998
- Brennan v. Commonwealth Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1978
- Young v. Fresno Flume & Irrigation Co.California Court of Appeal · 1914